Halt Planned Convention Pending A’Court’s Judgment, Secondus’ Lawyer Writes PDP

A Senior Advocate of Nigeria, Mr Tayo Oyetiba, has written to the Peoples Democratic Party (PDP) to suspend its planned convention slated for October 30 and 31, pending the determination of the appeal challenging the leadership of the party at the Court of Appeal.

Oyetiba is lawyer to the suspended National Chairman of the PDP, Chief Uche Secondus.

Secondus was on September 10, 2021, restrained from performing the functions of the office of the National Chairman of the PDP by a High Court of Rivers State.

The restraining order was contained in a ruling in an application in suit number: PHC/2183/CD/2021 brought against Secondus by one Mr lbeawuchi Alex and four others.

However, Secondus in Appeal number: CA/PH/341/2021, is seeking to quash the suspension and has applied for “An order of injunction restraining the PDP the six respondents herein, whether by itself, its officers, servants, agents and or representatives from holding or conducting its National Convention scheduled for 30th and 31st October 2021 or any other date, pending the hearing and final determination of this appeal.”

The senior lawyer stated that in the alternative, the court should order that the parties to the appeal, particularly Secondus and PDP, should maintain “status quo ante as at August 22, 2021, when appellant/applicant was occupying the office of National Chairman of Peoples Democratic Party, pending the hearing and final determination of this appeal”.

Oyetiba argued that since the application being served on the respondents in the appeal, it behoves the PDP to halt the convention in deference to the Court of Appeal.

“Notwithstanding the service of the application for injunction, it has come to the notice of our client that the PDP and its officers continue to prepare to hold the National Convention on 30 and 3 I October 2021,” he said.

He added that the letter was intended to draw the attention of the respondents to the position of the law, which states that once an appeal has been filed and served, parties ought not to take any further steps in the matter pending the hearing and determination of the appeal.

“The rule is well settled that where a suit is brought to enjoin certain activities … of which the defendant has notice, the hands of the defendant are effectually tied pending a hearing and determination even though no restraining order or preliminary injunction be issued…

“The conclusion to be drawn from all the cases is that after a defendant has been notified of the pendency of a suit seeking an injunction against him even though a temporary injunction be not granted, he acts at his peril and subject to the power of the court to restore the status wholly irrespective of the merits as they may be ultimately decided,” he said.

He said that the logical corollary of the foregoing pronouncements of the courts is that having been served with an application seeking to restrain the holding of its National Convention pending the determination of the appeal filed by Secondus, the PDP would be embarking upon a collision course with the court if it proceeds to hold the national convention before the hearing and determination of the application.

“Should such contumacious conduct of holding the national convention before the hearing and determination of the application be embarked upon by the party however, we shall not hesitate to bring the full weight of the law against all national officers of the party that are responsible for such conduct of contempt of court.

“Quite apart from the fact that such contumacious conduct would impinge on the integrity of the party, we would on our part, swiftly take steps to invoke the jurisdiction of the court to nullify any decision, action or step taken at such convention,” Secondus’ lawyer said.